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Litigation vs.
City of Caldwell - Stormwater
Pioneer Irrigation
District has undertaken litigation to stop the City of Caldwell from dumping
polluted municipal storm water runoff into irrigation canals via illegal
drains. You
can find the complete lawsuit filing, as well as the press release on
this issue and other informational links below.
Pioneer will provide
updates as the process moves forward. Please check back here for updated
information.
UPDATE:
4/30/2012 - Supreme Court Decision Issued
The Supreme Court has issued its decision in the Pioneer vs. City of Caldwell stormwater case. Pioneer is pleased that the Justices upheld the Distric Court ruling in Pioneer's favor in all but one of the major issues on appeal. Pioneer thanks the Justices for their thoughtful deliberation and decision. Pioneer has issued a news release to the Idaho Press Tribune after the story that ran Sunday, April 29, 2012. You can read both the news release and the entire Supreme Court Decision under the links below.
Press Tribune Follow-Up Story
News Release
Supreme Court Decision
2/15/2012 - Response to Press Tribune Article
After an Idaho Press Tribune article was published that the District felt was an unfair representation of the case, this Media Release was sent to the editor of the Idaho Press Tribune
2/9/2012 - Supreme Court Update
We are still awaiting a decision from the Supreme Court on an appeal filed by the City of Caldwell on integral piece of the stormwater case. However, in order to make information available to Pioneer patrons to better explain the issue, we are providing the Respondent's Brief Pioneer filed with the Supreme Court as part of the hearing that took place on November 30, 2011. Please click the link to view the Respondent's Brief filed by Pioneer in this case.
12/5/11 - Trial Update
The Supreme Court heard an appeal filed by the City of Caldwell on a portion of the stormwater case on 11/30/2011. We are told it can take 60-120 days to receive a decision. The decision will be posted as soon as we have one.
9/9/11 - Trial Update
Pioneer has received word that the Supreme Court has set a date to hear the City of Caldwell's interlocutory appeal on a portion of the stormwater lawsuit on November 30, 2011.
3/9/2010 – Trial Update
A portion of the case is currently on appeal by the City of Caldwell with the Idaho Supreme Court. Under appellate rules, the remainder of the District Court proceedings are on hold until the Supreme Court makes a ruling on the portions under appeal. See our update from 10/23/09 below for the ruling that is under appeal.
The Supreme Court has not yet set a date to hear the appeal. When we have a date or updated information, we will post it here.
11/24/09 – Trial Update
The trial between Pioneer Irrigation District and the City of Caldwell was scheduled to begin on 11/23/09. However, while hearing pre-trial motions, Judge Culet granted the City’s motion for interlocutory appeal on the ruling he made in Pioneer’s favor regarding Idaho Code Section 42-1209 requiring anyone obtain the District’s permission before encroaching into a Pioneer facility (see update from 10/23/09 below).
The result of the Judge granting the City’s motion is that the trial itself has been delayed pending the Supreme Court’s decision as to whether or not they will hear the appeal. Pioneer is confident that if the Supreme Court hears the appeal, Judge Culet’s decision will be upheld. Updates will be posted here as we have additional information.
10/23/09 - Affirmative Court Ruling
Yesterday, Pioneer was awarded an affirmative decision in Canyon County Court. Judge Culet ruled in favor of Pioneer in determining that the City of Caldwell is required to follow an Idaho Code process that requires obtaining written permission from the District for any encroachment into a Pioneer facility.
There are still issues that remain surrounding the urban stormwater, and the trial is scheduled to begin November 23, 2009. However, Pioneer is pleased with yesterday's decision.
11/18/08 - After attending
the Summit On Rural & Urban Water Delivery Challenges in October 2008,
Pioneer was encouraged by the attendance and discussions, and as a result,
authorized Pioneer's attorney to extend a mediation offer to the City
of Caldwell, in hopes of putting a cooperative end to litigation. Pioneer's
Board of Directors is disappointed to report that the mediation offer
was flatly rejected by the City's attorney. Please use the links below
for additional information:
IWUA
Summit presentations online
Pioneer
news release regarding mediation
Letter
to City offering mediation and City's rejection letter
Shortly after the Summit, the Idaho Statesman ran a story called: Rural Canals Plus Urban Pavement: A Recipe For Disaster? The Idaho Statesman has given us permission to post the story here for patron information. Please click here to link to the story. This story is being reprinted with the expressed permission of the Idaho Statesman.
Important Informational
Links Regarding This Issue: Some
of the documents listed below are in PDF format. You need Adobe Reader
to view them. If you need Adobe Reader, click
here to download free reader software.
Original
Lawsuit Filing
Press Release Issued 3-17-08
EPA Informational Pamphlet
on Urban Runoff
Photos showing two illustrations of illegal
drains
PDF version of Pioneer's powerpoint
presentation at the Stormwater & Urban Drainage Summit
Additional News Releases
Letter to City of Caldwell asking for indeminification
Litigation vs.
City of Caldwell - Class Action
10/9/09 - District Mulls Lawsuit's Financial Impact
Click here to view the the filing documents served upon Pioneer
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